Trial Provisions for the Establishment of Subsidiaries by Securities Companies
证券公司设立子公司试行规定
CLP Reference: 3700/07.12.28 (2)
PRC Reference: 证监机构字 [2007] 345号
Promulgated: 28 December 2007
Effective: 01 January 2008
Keywords (click to search): [securities subsidiaries] [wholly-owned subsidiaries] [securities companies] [directly or indirectly hold equity or shares] [conflict of interest] [compete with subsidiaries]
(Issued by the China Securities Regulatory Commission on December 28 2007 and effective as of January 1 2008.)
Zheng Jian Ji Gou Zi [2007] No.345
(中国证券监督管理委员会于二零零七年十二月二十八日发布，自二零零八年一月一日起施行。)
证监机构字 [2007] 345号
Article 1: These Provisions have been formulated pursuant to the Company Law, the Securities Law and other relevant laws and administrative regulations in order to meet the requirements of establishing securities company groups and the professional operations and management of securities companies, regulate the establishment by securities companies of subsidiaries and their relationships with such subsidiaries and promote the innovative development of securities companies and the opening of the securities industry to foreign investment.
第一条为了适应证券公司集团化和专业化经营管理的需要，规范证券公司设立子公司的行为及其与子公司的关系，促进证券公司的创新发展和证券行业的对外开放，根据《公司法》、《证券法》和其他有关法律、行政法规，制定本规定。
Article 2: For the purposes of these Provisions, the term "subsidiary" means a securities company established in accordance with the Company Law and the Securities Law, engaging in one or more securities businesses approved by the China Securities Regulatory Commission (the CSRC) and controlled by a securities company.
第二条本规定所称子公司是指依照《公司法》和《证券法》设立，由一家证券公司控股，经营经中国证券监督管理委员会（以下简称“中国证监会”）批准的单项或者多项证券业务的证券公司。
Article 3: A securities company and a subsidiary thereof, or two subsidiaries controlled by one securities company may not engage in a business that would give rise to a conflict of interest between them or would have them competing against each other.
第三条证券公司与其子公司、受同一证券公司控制的子公司之间不得经营存在利益冲突或者竞争关系的同类业务。
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